MUSIC SERVICES
MUSICOLOGIST REPORTS AND LITIGATION CONSULTING
Litigation-related services encompass a comprehensive preliminary analysis and comparison of the works in question, a critical review and rebuttal of opposing musicological findings, meticulous deposition and trial preparation, the development of clear and persuasive visual and audio support materials, and expert witness testimony. In each instance, presentations are crafted to illuminate intricate musical concepts for non-musical judges and juries, ensuring that key points are conveyed with accuracy and clarity.
A forensic musicologist’s report offers an in-depth examination of a musical work—or multiple works—to establish the level of originality and identify any substantial similarities. This report is often pivotal in confirming or contesting an inference of copying, providing crucial insights into the authenticity and relationship of the works in question. These findings are structured to ensure clarity and accessibility for audiences at every level of musical knowledge—be they seasoned industry professionals or individuals with no formal musical background.
PREVENTATIVE MUSICOLOGY AND CLEARANCE REPORTS FOR ADVERTISING AND TELEVISION
Preventative musicology addresses concerns around a new musical work's originality and possible similarity to preexisting works. We preemptively assess the risk that an allegation, valid or not, of copying or copyright infringement claim could result. This is particularly appropriate when setting music to picture and in advertising. "Preventative forensic musicology” involves identifying and avoiding specific infringement risks while also assessing broader client risks associated with mistaken observations and spurious claims. When concerning issues arise, Brian works directly with clients and composers to modify compositions and mitigate these risks.
MUSIC SERVICES
CONSULTING
Broad range of advisory services related to general music supervisor matters, public domain availability, sampling, interpolations, and derivative works. Fluent in licensing parameters and agreement terminology, particularly as it relates to copyright and artificial intelligence-derived works or components.
SAMPLE ANALYSIS AND AUDIO FORENSICS
Forensic audio analysis services to authenticate or otherwise determine if an audio production includes or is derived from a sample taken from another source, with or without permission or license. Clients can present two pieces of audio, and through the combination of expertise, leading-edge technology, database and prior art research, we provide expert analysis to determine if two audio selections employ identical source material.
HERE TO HELP
Happy to have a quick discussion about it. Need some help, but not sure what to call it? Let's just talk for five minutes. If I can't help you, I'll try to give you some ideas about next steps. Call (212) 217-9512 or use the chat function.
MEET THE FORENSIC MUSICOLOGIST
Brian McBrearty is a forensic musicologist and music copyright expert witness who provides analysis and testimony in federal copyright litigation, and whose commentary is cited in industry publications and by music trade organizations. His written work on song similarity, originality, and copyright analysis informs both expert practice and public discussion.
As founder of Musicologize and the creative force behind Sonitarium.com and Mediagloss Audio Studio, Brian has produced original compositions and audio for multimedia companies worldwide.
Brian holds a BA in Music, summa cum laude, with a double major in Theory & Composition and Jazz Studies from SUNY New Paltz, and a BS in Economics from SUNY Potsdam. He maintains active membership in leading professional societies.
Based in the San Francisco Bay Area, he is a frequent media commentator, guest lecturer, and writer on music copyright.
Litigation and Public Record
My written analysis appears in public federal court filings. Recent matters include:
Bouchet p/k/a Rawyal v. Woods et al. — W.D.N.Y., No. 6:25-cv-06588-MAV.
Gary Frisby v. Sony Music Entertainment et al. — C.D. Cal., No. 2:19-cv-01712-GW-AGR.
Brandon Saunders (EBA Executives, Inc.) v. Christopher Brown et al. — C.D. Cal., No. 2:21-cv-09237-DSF-GJS.
I have also served as a copyright owner in federal litigation. Additional consulting analysis appears in matters not reflected in public filings, including pre-litigation and confidential engagements.
Brian writes articles on broader general musicologcal topics on Popular Musicology.
Music and Sound Design Studio producing original audio for advertising, broadcast, games, and new media.